Complete Supreme Court Half Yearly Digest 2024 [Final Part]

Labour LawRespondent, a part-time labourer, reinstated by Labour Court in 2001. State repeatedly litigated against implementation of the Labour Court award, harassing respondent for 22 years. Frivolous Special Leave Petition dismissed; respondent awarded costs of Rs.10,00,000. State of Rajasthan v. Gopal Bijawat, 2024 LiveLaw (SC) 125Land LawLand Revenue Code; Section 36A and Registration Act, 2008; Section 17 – Restriction in conveyance of land by tribal in favour of non-tribal – Under Section 36A, restriction is only in case of transfer by way of sale, gift, exchange, mortgage, lease or otherwise and there is no bar for a tribal to enter into an agreement to sell and seeking advance sale consideration. Previous sanction is to be taken before conveyance could be made and conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 2008. Babasaheb Dhondiba Kute v. Radhu Vithoba Barde, 2024 LiveLaw (SC) 225 : (2024) 4 SCC 310The tenant holding possession of the Watan property under the Maharashtra Hereditary Offices Act, 1874, on the 'Tiller's Day', which is not subjected to payment of land revenue to the State Government, would be entitled to exercise their right of statutory purchase for purchasing the tenanted Watan property under the Maharashtra Revenue Patels (Abolition of Offices) Act, 1962. Baban Balaji More v. Babaji Hari Shelar, 2024 LiveLaw (SC) 234Legal Maxim'Nullus commodum capere potest de injuria sua propria' – It means that no man can take advantage of his own wrong. He who prevents a thing from being done shall not avail himself of the non-performance he has occasioned. A wrong doer ought not to be permitted to make profit out of his own wrong. (Para 18 & 19) Municipal Committee Katra v. Ashwani Kumar, 2024 LiveLaw (SC) 373 : AIR 2024 SC 2855Letter of Intent The Letter of Intent is merely an expression of intention to enter into a contract. It does not create any right in favour of the party to whom it is issued. There is no binding legal relationship between the party issuing the LOI and the party to whom such LOI is issued. A detailed agreement/contract is required to be drawn up between the parties after the LOI is received by the other party more particularly in case of contract of such a mega scale. (Para 10) Level 9 Biz Pvt. Ltd. v. Himachal Pradesh Housing and Urban Development Authority, 2024 LiveLaw (SC) 275 : AIR 2024 SC 1808LimitationPlea of limitation – Held, even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation. (Para 16) Shivraj Reddy v. S. Raghuraj Reddy, 2024 LiveLaw (SC) 411Suit of specific performance preferred on the last date of limitation – Every suit for specific performance need not be decreed merely because it is filed within the period of limitation by ignoring time limits stipulated in the agreement. The courts will also frown upon suits which are not filed immediately after the breach/refusal. Held, the suit having been preferred after a long delay, the plaintiff is not entitled for specific performance. (Para 16 & 18) Rajesh Kumar v. Anand Kumar, 2024 LiveLaw (SC) 407The period of limitation for filing a suit for rendition of account is three years from the date of dissolution. Held, the firm dissolved in year 1984 by virtue of death of the partner and the suit came to be filed in the year 1996 which was not within a period of three years hence, time-barred, Further held, the learned Single Judge was justified in rejecting the suit on grounds of being barred by limitation. (Para 20) Shivraj Reddy v. S. Raghuraj Reddy, 2024 LiveLaw (SC) 411Limitation Act, 1963 - Limitation period of one year for filing of suit for preemption — Held, the issue regarding limitation for filing of the suit is misconceived and it was not raised by the appellants before the lower Appellate Court or the High Court. (Para 18) Jagmohan v. Badri Nath, 2024 LiveLaw (SC) 95 : AIR 2024 SC 900 : (2024) 3 SCC 588The bar of limitation cannot be obviated or circumvented by taking recourse of proceedings under Article 136 of the Constitution when a statutory appeal is available. Gopal Krishnan MS v. Ravindra Beleyur, 2024 LiveLaw (SC) 5Limitation Act, 1963; Section 3 – Bar of limitation – Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. The use of the word 'shall' in the aforesaid provision connotes that the dismissal is mandatory subject to the exceptions in Section 4 to 24. Section 3 of the Act is peremptory and had to be given effect to even though no objection regarding limitation is taken by the other side or referred to in the pleadings. Hence, it is an obligation upon the court to dismiss an appeal which is presented beyond limitation. Section 3, being a...

Complete Supreme Court Half Yearly Digest 2024 [Final Part]

LIVELAW NEWS NETWORK

Tags